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NY 809419



May 4, 1995

CLA-2-91:S:N:N8:344 809419

CATEGORY: CLASSIFICATION

TARIFF NO.: 9102.91.40

Mr. Dan McHale
B. J. McHale Company
2401 Lourance Boulevard
Greensboro, North Carolina 27407

RE: The tariff classification of a quartz analog pocket watch imported from China and made in Japan.

Dear Mr. McHale:

In your letter dated April 5, 1995, on behalf of Ruff Hewn Ltd., High Point, N.C., you requested a tariff classification ruling.

The submitted sample, Samware 548-135E, is a battery operated quartz analog pocket watch in a base metal case with a base metal chain. The movement has no jewels.

Your sample is being returned as requested.

The applicable subheading for the quartz analog pocket watch will be 9102.91.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Wrist watches, pocket watches...Other: Battery powered: Other: Having no jewels or only one jewel in the movement. The rate of duty will be 40 cents each plus 6% on the case plus 5.3% on the battery.

It is noted that there are no country of origin markings or Special Markings anywhere on the watch, with the exception of the movement. The movement is properly marked in accordance with the Special Marking Requirements set out below.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. For country of origin marking purposes under 19 U.S.C. 1304, Customs considers the country of origin of a watch to be the country of manufacture of the watch movement. The country of origin marking for a watch may be placed on the face of the dial or on the outside surface of the back cover of the watch case.

Section 134.43(b), Customs Regulations (190 CFR 134.43(b), in conjunction with 19 CFR 11.9, provides that watches must be marked in accordance with the Special Marking Requirements set forth in Additional Note 4, Chapter 91, HTSUS. This note requires that any watch movement or case provided for in the chapter, whether imported separately or attached to an article provided for in the chapter, shall not be permitted to be entered unless conspicuously and indelibly marked by cutting, die- sinking, engraving, stamping or mold-marking (either indented or raised), as specified in the provisions of this note. This language is mandatory. Customs has no authority to grant exemptions to the Special Marking Requirements for watches.

Section (a) of Additional Note 4 requires that watch movements be marked on one or more of the bridges or top plates to show: (1) the name of the country of manufacture; (2) the name of the manufacturer or purchaser; and (3) in words, the number of jewels, if any, serving a mechanical purpose as frictional bearings. Section (c) of Additional Note 4 requires that watch cases shall be marked on the inside or outside of the back cover to show: (1) the name of the country of manufacture; and (2) the name of the manufacturer or purchaser.

While the sample submitted may be a prototype only and therefore absent of country of origin and special markings, we are informing you of the marking requirements so that you may avoid any unnecessary delays or penalties upon importation.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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